AKHILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts in the present case are not at all in dispute.

(2.) The Bihar Staff Selection Commission (hereinafter referred to as 'the Commission') came out with an Advertisement No. 05010115 dtd. 21/6/2015 inviting applications for the post of Lab Technicians (Annexure 1). It prescribed that the aspirants must possess the minimum educational qualification and technical qualification as prescribed thereunder. The advertisement further prescribed the procedure for the preparation of merit list. Respective merits of the candidates, in terms of the advertisement, was to be determined on the basis of 85 marks for 'educational qualification, higher education, technical qualification and work experience'. The rest of the 15 marks were allotted for the interview. Merit of a candidate was to be thus determined on the basis of 100 full marks. The distribution of marks against educational qualification, higher qualification, technical qualification and work experience has been clearly mentioned in the advertisement. It prescribes inter alia that a candidate shall be awarded 10 marks on the basis of their score in higher qualification (B.Sc./M.Sc).

(3.) The petitioner possessed requisite minimum educational qualification, which makes him eligible to apply. He holds B.Sc. Hons. degree in Chemistry with first class. He applied for the post pursuant to the advertisement as Backward Class Category candidate. The cut-off marks for calling for the interview in the said category have been fixed at 31.025. The petitioner has been awarded by the Commission 28.44 marks. Accordingly, he was not called for the interview. Upon enquiry, the petitioner learnt that his score against higher qualification of B.Sc. Hons.(Chemistry) has not been considered by the Commission while determining his merit position. In the said background, the present writ application has been filed, seeking a direction to the respondents Commission to award 10 marks against his higher qualification of B.Sc. Hons. (Chemistry) in terms of the advertisement.